JUDGMENT

1. Leave granted. This appeal arises out of an order dated 15th February, 2011 passed by the High Court of Madras, Madurai Bench, dismissing S.A. (MD) No. SR 17828 of 2005 as barred by limitation.

2. The Plaintiffs-Respondents No. 1 to 5 filed O.S. No. 33 of 1985 for declaration of their title and recovery of possession of property comprising 110.62 acres of land underlying Survey Nos. 3056 to 3059 and 3060 of Ponmana Village in the District of Kanyakumari, Tamil Nadu. The suit was contested by the Defendant but eventually decreed by the trial court in favour of the Plaintiffs. Aggrieved, the State preferred an appeal before the District Court at Kanyakumari which too failed and was dismissed by the said court. Second Appeal (MD) No. SR 17828 of 2005 was then preferred before the High Court of Madras which came to be transferred to the Madurai Bench of the High Court for hearing and disposal.

3. It is common ground that the appeal before the High Court was filed within the period of limitation prescribed for the same but on account of certain defects in the appeal memorandum and accompanying documents, the papers were returned to counsel for the Appellant-State for rectificat